Seeking Advice for CS Violation Court Appearance

[katiedee2006]

Hello,

Venue is NY.  DH is CP (& Petitioner), BM in AZ.

DH's had hearing for Violation (CS Order) petition yesterday.  He had all documentation of what BM has/has not paid, proof of mailings, copies of med. bills BM marked in her own handwriting, "I refuse to pay!!!', etc...  He was Pro Se & BM was represented by her atty. & BM appeared telephonically.

Judge's demeanor towards DH was very hostile [& therefore surprising since DH is not the one failing to comply with court order].

Judge chastises DH for Order being filed w/SCU since Order stated BM to pay DH directly.  DH pointed out provision allowing for filing or order w/SCU if BM failed to make 2 consecutive payments (this condition fulfilled).

Judge also states to DH that she can not do anything about 'willfullness' [willfull violation] of BM since she is in AZ & can only issue money judgment (all DH wanted anyway).  Tells DH to decide right away if he wants to pursue this or not & DH advises he does.

Atty. says BM is disputing amounts of CS owed & unpaid medical.  Judge sets a new date in July.  We had thought this WAS the hearing to review all material; come up with unpaid amounts and had hoped for the money judgment yesterday.

Judge tells DH to send copies of all unpaid bills to BM's atty. even though DH sent everything to BM as per the order (& filed w/the court as attachments to his Petition).  Further states that sending bills to BM is not the same as sending to her atty.  We did not know BM would have counsel until the hearing.

DH basically gets to say nothing at all in the hearing.

1) Is it normal procedure for multiple hearings on Violation Petitions?

2) Is there a proper way for DH to 'communicate' with BM's atty. re: amounts he will claim are unpaid at July's hearing?

3) Is DH required to communicate with BM's atty. or can he send correspondence to BM & let her pass along to her atty.

4) Does this mean all bills on a forward basis must be sent to BM & her atty., even after July hearing?

5) Are money judgments issued in one state enforced by another?

6) Any ideas where we can research #4 if the answer is 'varies from state to state'?

7) Should we be particularly concerned that judge seemed to be so hostile towards DH & her demeanor seemed to indicate she thought he should just drop the whole thing?

Thanks very much in advance!

[socrateaser]

>1) Is it normal procedure for multiple hearings on Violation
>Petitions?

I don't practice in NY, so I have no idea.

>
>2) Is there a proper way for DH to 'communicate' with BM's
>atty. re: amounts he will claim are unpaid at July's hearing?

I send faxes and follow with a copy of the faxed documents by U.S. mail.

>
>3) Is DH required to communicate with BM's atty. or can he
>send correspondence to BM & let her pass along to her atty.

If someone is represented by legal counsel, then you should communicate with counsel. There's nothing stopping a pro se litigant from going around the attorney, but the judicial officer has just told you to deal with the attorney, so don't question it -- just do it.

>
>4) Does this mean all bills on a forward basis must be sent to
>BM & her atty., even after July hearing?

You seem to be asking the same question over and over. LOL!

>
>5) Are money judgments issued in one state enforced by
>another?

Depends on what the judgments are for and how they are worded. A judgment of child support arrears is generally enforceable in another State via that State's child support enforcement agency. However, you must make certain that the order is actually termed as being for unpaid support, or the other State may force you to collect your judgment as an ordinary civil judgment, which is quite a bit more difficult to accomplish.

>
>6) Any ideas where we can research #4 if the answer is 'varies
>from state to state'?

I'm betting that you meant #5...it doesn't matter whether it varies -- you are dealing with enforcement in AZ, so contact the AZ child support enforcement agency and ask if they will enforce a NY money judgment for unpaid medical bills.

>
>7) Should we be particularly concerned that judge seemed to be
>so hostile towards DH & her demeanor seemed to indicate she
>thought he should just drop the whole thing?

I wasn't there, so I can't really answer definitively, however, the judge was probably annoyed because your DH didn't really know how to prosecute the case, and the judge was not-so-subtly hinting that DH should either "get a lawyer," or go to law school if he wants to practice law in NY -- because, DH's inexperience is wasting the court's time.

That's my guess. How much money are we talking about here?

[katiedee2006]

Thank you very much.

   4) Does this mean all bills on a forward basis must be sent to
   >BM & her atty., even after July hearing?

   You seem to be asking the same question over and over. LOL!

My apologies - I'm not being clear.

There are unpaid medical (therapy) bills on an ongoing basis.  There is no end in sight to SD's therapy so unpaid medical bills will continue to need to be sent somewhere (BM or atty) even after the July hearing.

1) I was questioning if future bills, in addition to those that are past due, would need to be sent to BM's attorney rather than BM even after the July hearing.

   The hearing was only 10 min. & DH wasn't really afforded the opportunity to speak unless spoken to.  We can't waste more money on atty's fees, we went that route last year.  I wish the court would see BM as the one wasting the court's time by her refusal to comply with the court's order, but I know I am captain of the naive ship with that hope....sigh



Now it's about $1500, at the time of filing it was closer to $5,000 but BM sent approx. $3500 last week.  It's too soon to tell if the checks cleared though.

[socrateaser]

>1) I was questioning if future bills, in addition to those
>that are past due, would need to be sent to BM's attorney
>rather than BM even after the July hearing.

I suggest that you clarify the issue, either with the attorney/party or with the court. As it stands, you are verbally ordered by the court to send the bills to the attorney. When the final order is made, technically, the court's oral order would be dissolved as it was temporary. But, I'd want to eliminate the possibility that your opponent would try to argue otherwise, later, so raise the issue now with the attorney, and get an agreement in writing as to where you will be sending your future invoices for reimbursement.

[katiedee2006]

Thank you - eom